Delhi High Court Orders Removal Of Marks Bearing Chandigarh Realty Firm's 'Elante' Trademark
Ayushi Shukla
12 Dec 2025 10:44 AM IST
The Delhi High Court has ordered the removal of three trademarks, “Elante Residencies,” “Elante Group” and a device mark containing the word “Elante,” registered by Elante Residencies Limited after finding that Chandigarh-based CSJ Infrastructure Pvt. Ltd. is the prior adopter, prior user and registered proprietor of the “Elante” mark.
In a judgment dated November 27, 2025, Justice Tejas Karia allowed three rectification petitions filed by CSJ Infrastructure and held that the later registrations obtained by ERL must be struck off the Register of Trade Marks.
CSJ Infrastructure said it adopted the mark “Elante” in 2010 and has used it continuously since 2011 for real estate services, shopping malls and office complexes. Its commercial complex in Chandigarh includes the Elante Mall, Elante Office Suites and a hotel, all of which are well known under the “Elante” brand. The company also holds trademark registrations for its “Elante” marks.
The company discovered in August 2024 that ERL was using “Elante Residencies” and “Elante Group” for real estate development services similar to its own and was promoting them on social media. A legal notice was issued, but ERL refused to stop use, claiming that CSJ Infrastructure operated only in retail. Pre-litigation mediation failed in May 2025.
Although notice was issued to ERL in August 2025, the company neither appeared nor filed a reply, leading to ex parte proceedings in November 2025.
The court recorded that the unchallenged averments in the petitions stood admitted. The court found that CSJ Infrastructure's continuous use of “Elante” since 2011 had generated substantial goodwill and that “Elante” formed the dominant and essential feature of both the registered marks and the disputed marks.
ERL's registrations, obtained in 2019 and 2020 on a proposed to be used basis, covered construction and real estate development services identical to those offered by CSJ Infrastructure.
The court observed that ERL had obtained its registrations in 2019 and 2020 on a proposed-to-be-used basis, well after CSJ Infrastructure had established its rights in the mark. It further noted that the registrations covered construction and real estate development services, which were identical to the services offered by CSJ Infrastructure.
Referring to the Supreme Court's ruling in Neon Laboratories v. Medical Technologies, it reiterated that prior user rights override later registrations. It observed, “In view of the Petitioner's prior rights, the identity of the competing marks, the similarity of services, the likelihood of confusion, and the lack of bona fide adoption or use by Respondent No. 1, the Impugned Marks are liable to be removed from the Register.”
The court directed the Registrar of Trade Marks to remove all three marks from the register.
Case Title: CSJ Infrastructure Pvt. Ltd. v. Mr. Akash Kohli & Anr.
Case Number: CO (COMM.IPD-TM) 184/2025
For Petitioner: Advocates Sagar Chandra, Shubhie Wahi, Sanya Kapoor & Mansha Bhatia.